Case 3310994/2022 · Employment Tribunal
No attendance For the v Mrs T Dawson, Senior HR Advisor — 2023
- Case reference
- 3310994/2022
- Decision date
- 23 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wyeth Appearances
Parties
2 namedClaimant
No attendance For the
Respondent
Key findings
Tribunal's reasoningThe claimant, a flexible employee of the respondent recruitment business, started work on 5 June 2019 and had been assigned to Hillingdon Council as a Spare Passenger Vehicle Driver. The respondent said that the assignment ended in the week ending 18 March 2022 and that, after the claimant failed to keep in contact, his employment ended on 29 April 2022. The claim form dated 25 August 2022 brought complaints of unfair dismissal, race discrimination and arrears of pay. The claimant said he had been dismissed on 21 March 2022 and referred to being admitted to hospital after a heart attack and later being told by text that he was not required to work, but he did not identify his race or explain how race was said to have played a part in the dismissal.
At the open preliminary hearing, the tribunal concluded that all complaints were out of time. It noted that, even on the respondent’s version of the termination date, ACAS early conciliation should have started by 28 July 2022, but it did not begin until 17 August 2022. The claimant did not attend the hearing, despite notice from the tribunal and reminder emails, and the clerk telephoned him twice without success. He gave no explanation for the delay or for his non-attendance.
The tribunal held that there was no basis to find it was not reasonably practicable to bring the unfair dismissal and wages claims in time, and no basis to extend time on a just and equitable basis for the race discrimination complaint. It therefore struck out and dismissed the claim in its entirety for lack of jurisdiction.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held this complaint was out of time and had no jurisdiction to hear it. The judgment states the claimant’s claim was struck out and dismissed in its entirety. | Struck out | — | — |
| Race discrimination | The claimant ticked race discrimination on the claim form but did not specify his race or explain how it affected the dismissal. The tribunal found the complaint out of time and declined to extend time on a just and equitable basis. | Struck out | Race | — |
| Unlawful deduction from wages | The claim was pleaded as arrears of pay. The tribunal treated it as a Part II ERA 1996 wages complaint, found it out of time, and held it lacked jurisdiction to hear it. | Struck out | — | — |
Legal tests applied
2 references- not reasonably practicable
- just and equitable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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